A judge has ordered Tusla to hand over reports and risk assessments in respect of three children seeking asylum, and an independent review into the use of unregulated placements to accommodate them.
Dublin District Court Judge John Campbell heard separate applications in respect of the children from two guardians ad litem on Tuesday. A guardian ad litem is appointed by the court to be the voice of the children.
In the first case, concerning two children seeking international protection, the court heard Tusla had agreed in principle to an independent review into their placement in four unregulated placements, known as special emergency arrangements (SEAs), since the summer, and their accommodation under Section 5 of the Childcare Act.
Under Section 5, children are provided with accommodation only – unlike Section 4, under which children are taken into care.
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Barrister Brian Barrington for the guardian said his client had been seeking daily logs, medical reports and risk assessments regarding the children’s accommodation since mid-October and was now seeking a direction that these be handed over.
Sarah McKechnie, for Tusla, said there was “no question of withholding any information” from the guardian.
“All the reports from the various SEAs will be sent on as soon as possible so I don’t believe it is appropriate to make a direction when the agency is ready to furnish the information without delay,” she said.
Judge Campbell said while he was “not in any way doubting the bona fides of the agency”, the reliefs sought by the guardian were “warranted and in the best interests of the children in the care”.
There had been “a lack of full disclosure by the agency for whatever reason”, he said, and ordered that the records, as requested, be provided.
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In a separate case, the judge ordered an independent review of the use of SEAs and Section 5 to accommodate a child asylum seeker. The court has heard the young person experienced significant trauma before arriving in Ireland during the summer.
Mr Barrington said the guardian had sought records from Tusla since mid-October but had been provided only with documentation to the end of August.
Ms McKechnie said Tusla had made “significant progress” in providing all records requested.
“What I am really concerned with is, it is really important court directions are not sought when it is not necessary,” she said.
Agreeing with the guardian, the judge said “the court takes the view ... it is in child’s best interest that an independent review” takes place.
The orders by Judge Campbell on Tuesday were specifically in respect of the three children.
Figures provided by Tusla show, as of October 30th, a total of 573 unaccompanied minors were being supported by the agency.
Of these, 431 children aged between 16 and 17 were being provided with accommodation only under Section 5 of the Childcare Act, with 142 younger children in care. Of the 573 young people, 222 are Ukrainian.
